Legal Opinion
Smolek v. Board of County Commissioners
Indiana Court of Appeals
Decided March 19, 1979No. 3-177 A 30PublishedCited by 5 opinions
1Opinion of the Court
STATON, Judge.
On October 19, 1975, James Smolek constructed a barbed wire fence across a little-worn dirt road that runs past his rural farm residence in Pulaski County, Indiana. Public authorities were notified of the obstruction, and the ensuing search of public records revealed that in 1926 the Pulaski County Commissioners had dedicated the road to public use. Based on that revelation, the Board of County Commissioners filed suit for declaratory judgment, as well as a permanent injunction requiring Smolek to remove the fence and prohibiting him from further encroachment upon the right of…
2Cases cited4 opinions
- Columbia Realty Corporation v. HarrelsonIndiana Court of Appeals · 1973
- Cozy Home Realty Co. v. Ralston, Rec.Indiana Supreme Court · 1938
- Cook v. Rosebank Development Corp.Indiana Court of Appeals · 1978
- Ryder v. HorstingIndiana Supreme Court · 1892
3Cited by5 opinions
- Fenley Farms, Inc. v. ClarkIndiana Court of Appeals · 1980
- Chaja v. SmithIndiana Court of Appeals · 2001
- Smolek v. BD. OF CTY. COM'RS OF PULASKI CTY.Indiana Court of Appeals · 1979
- Gotshall v. Cass CountyIndiana Court of Appeals · 1992
- Payne v. Town of AustinIndiana Court of Appeals · 1988